THE SENATE

S.B. NO.

838

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SERVICES FOR KUPUNA.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. In 2012, the legislature established in statute the kupuna care program within the executive office on aging. The program provides long-term services and support to address the needs of Hawaii's kupuna and their desire to remain in their own homes and communities as they age. The program is implemented through the area agencies on aging in each county and offers two service options, traditional service delivery through contracted service providers and participant-directed services and supports.

In 2017, the legislature established the kupuna caregivers program in the executive office on aging to financially assist employed individuals in obtaining care for their kupuna while remaining in the workforce. The program is implemented through the county area agencies on aging and awards $70 per day to qualified caregivers for contracted service provider costs for services that would otherwise be performed by the qualified caregiver. Under the program, an individual must be employed at least thirty hours per week to be a qualified caregiver and the funding for costs for services is issued directly to the service provider. If additional services are needed for the care recipient, kupuna care services are also provided.

In 2019, the legislature increased the amount of funds allocated to a qualified caregiver to $210 per week to allow the program agencies more flexibility to increase the number of caregivers served by the program.

In 2020, due to the coronavirus disease 2019 (COVID-19) pandemic, many caregivers lost their jobs and contracted service providers either closed or decreased their services. This increased the burden on caregivers and their caregiving duties. With the uncertainty of the State's economic outlook and the recovery of businesses, caregivers and services have been forced to develop a "new normal". To give more flexibility to the kupuna caregivers program, the executive office on aging recommends that the area agencies on aging be allowed more options to better serve kupuna and their caregivers.

The purpose of this Act is to:

(1) Relax the thirty-hour employment requirement for qualified caregivers under the kupuna caregiver program during a state-declared state of emergency;

(2) Allow the kupuna caregiver program to be delivered through traditional and kupuna caregiver-directed services; and

(3) Allow the funds under the kupuna caregivers program to be issued to the care recipient's financial management service provider.

SECTION 2. Section 349-16, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read:

""Financial management service provider" means a service provider who is a fiscal agent that is responsible for making financial payments on behalf of a care recipient enrolled in a participant-directed or kupuna caregiver-directed program."

2. By amending the definitions of "coach", "homemaker services", "kupuna care core services", "person-centered support plan" or "support plan", "qualified caregiver" and "respite care" to read:

""Coach" means an individual who:

(1) Helps the care recipient understand the program of participant-directed services and support;

(2) Develops and implements a spending plan to describe how the care recipient will spend the care recipient's budget; [and]

(3) Evaluates whether the participant-directed service and support program is meeting the care recipient's needs[.]; and

(4) Assists the care recipient and family caregiver with the program's enrollment process, including completing necessary forms such as state and federal tax forms, privacy and confidentiality forms, criminal background check forms, financial management forms, employer and employee related forms, and other forms requested by the executive office on aging for enrollment.

["Homemaker services"] "Homemaking" means services that provide assistance with preparing meals, shopping for personal items, managing money, using the telephone, or performing light housework.

"Kupuna care core services" means services consisting of:

(1) Adult day care;

(2) Attendant care;

(3) Case management;

(4) [Chores;] Chore;

(5) [Homemaker services;] Homemaking;

(6) Home-delivered meals;

(7) Personal care;

(8) Transportation; or

(9) Assisted transportation.

"Person-centered support plan" or "support plan" means a plan developed by a care recipient [with the assistance of a coach] and the care recipient's qualified caregiver that [allows] identifies the needs of the care recipient [to establish the goals, skills, and knowledge necessary to work toward the desired outcomes and lays out practical steps toward the achievement of the goals; provided that family members and friends may provide assistance in developing a care recipient's plan if the care recipient chooses to include them.] and allows the qualified caregiver to remain in the workforce.

"Qualified caregiver" means an individual who meets the following requirements:

(1) Provides care for a care recipient; and

(2) Is employed at least thirty hours per week by one or more employers[.]; provided that upon issuance of a proclamation by the governor declaring a state of emergency in the State under section 127A-14, the executive office on aging may reduce the required hours or eliminate this requirement during the emergency period.

"Respite care" includes:

(1) In-home respite (personal care, [homemaker services,] homemaking, and other in-home respite);

(2) Respite provided by attendance of the care recipient at a nonresidential program;

(3) Institutional respite provided by placing the care recipient in an institutional setting such as a nursing home for a short period of time as a respite service to the caregiver; and

(4) Any combination of services to assist the caregiver as deemed appropriate by the area agency on aging."

SECTION 3. Section 349-18, Hawaii Revised Statutes, is amended to read as follows:

"349-18 Kupuna caregivers program. (a) The executive office on aging may establish the kupuna caregivers program. The program shall provide assistance to a qualified caregiver who meets the requirements of this section.

(b) The program shall be coordinated and administered by the executive office on aging and implemented through the area agency on aging. The executive office on aging shall develop and implement a plan to maximize the number of caregivers served by the program.

(c) The kupuna caregivers program shall be delivered through the following two distinct service options based on the support plan for each eligible care recipient and the care recipient's qualified caregiver:

(1) Traditional service delivery through a service provider organization or person who provides services to clients under a formal contractual arrangement with the executive office on aging or area agency on aging. The service provider shall deliver to each care recipient one or more services identified in subsection (d) to address the care recipient's specific needs that have been identified in the care recipient's and the qualified caregiver's support plan; or

(2) Kupuna caregiver-directed services that shall address the care recipient's assessed needs and allow for the qualified caregiver to remain in the workforce. The care recipient and the qualified caregiver shall have shared decision-making authority over the budgeted dollar amount to purchase and manage the needed services and supports. Kupuna caregiver-directed services shall provide the care recipient and the qualified caregiver with a coach to assist their enrollment into the kupuna caregiver-directed program to maintain the care recipient's independence and quality living experience in the community and the qualified caregiver's employment.

[(c)] (d) The kupuna caregivers program shall award an allocation of funds, subject to the availability of funding and up to a maximum of $210 per week, to cover costs for services that would otherwise be performed by the qualified caregiver for the care recipient, including but not limited to:

(1) Care coordination or case management;

(2) Adult day care;

(3) Assisted transportation;

(4) [Chores;] Chore;

(5) Home-delivered meals;

(6) [Homemaker services;] Homemaking;

(7) Personal care;

(8) Respite care; or

(9) Transportation;

provided that the allocated funds shall be issued directly to the service provider or the care recipient's financial management service provider upon request and receipt of an invoice for services rendered.

[(d)] (e) The director may adopt rules pursuant to chapter 91 necessary for the purposes of this section."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Executive Office on Aging; Kupuna Care Program; Kupuna Caregivers Program; Kupuna Care and Caregiver Support Services; Kupuna Caucus

 

Description:

Allows the executive office of aging to relax the thirty-hour employment requirement for qualified caregivers under the Kupuna Caregivers Program during a state-declared state of emergency. Adds the option of kupuna caregiver-directed services to the kupuna caregivers program. Includes assisting the care recipient and caregiver with the enrollment process as the duty of a coach. Allows funds under the Kupuna Caregivers Program to be issued to the care recipient's financial management service provider.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.